Car accidents, bicycle accidents, slips and falls and birth injuries – personal injuries come in multiple forms. Depending on the severity, a personal injury can turn your life upside down. If you sustain an injury due to someone else’s negligent actions, you may be eligible for compensation for the resulting economic and non-economic damages.
However, personal injury claims, like other lawsuits, can be quite complicated. Understanding how the law works when pursuing damages can help you avoid costly missteps and safeguard your rights and interests while pursuing damages. Here are two crucial statutes that can impact your Indiana personal injury claims:
Indiana negligence laws
Personal injury claims are won or lost on account of negligence. In other words, you have to prove that the defendant owed you a duty of care and that they failed in this duty of care, thus, resulting in your injuries. To prove liability, however, you must that the defendant bore a greater responsibility. This is where Indiana’s modified comparative negligence statute comes in.
Per Indiana’s negligence law, you can only claim damages if your contribution to the accident that resulted in your injury was less than 51 percent. This is also known as the 51 percent rule.
Indiana’s statute of limitations statute
Every state has a time limit within which the plaintiff may bring a claim. This is known as the statute of limitations period. In Indiana, personal injury victims have up to two years from the date of their injuries to file a claim. With a few exceptions, your claim may be refused if you bring your lawsuit after the expiry of the statute of limitations period.
Protecting your rights
If you sustain injuries as a result of another person or entity’s wrongful actions, you deserve justice. Learning more about Indiana negligence laws can help you file a competent personal injury claim and receive the damages you deserve.